India Steel Summit Private Limited v. Sunil Jain,

$~O-35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 645/2019 INDIA STEEL SUMMIT PRIVATE LIMITED ..... Petitioner Through:

Mr.Amit Dhingra, Mr.Rohit Mahajan, Mr.Suryaveer Berry, Mr.Pranav, Advocates versus SUNIL JAIN ..... Respondent Through:

Mr.Gaurav Beri, Advocate along with respondent in person.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 15.01.2020 1.

The petitioner is seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act. The petitioner has claims to the tune of Rs.1.25 crores along with interest thereon. 2.

The arbitration agreement between the parties is contained in clause 8 of the general terms and conditions printed on the back of the Sales Contract dated 13th May, 2017. The petitioner invoked the arbitration vide notice dated 18th July, 2019. The arbitration agreement and the invocation notice are not disputed.

3.

The application is allowed and Mr. Justice S. N. Aggarwal, former Judge of this Court (Mobile No. 8860091011) is appointed as a sole arbitrator to adjudicate the disputes between the parties. 4.

The arbitration shall be conducted under the aegis of Delhi International Arbitration Centre (DIAC).

5.

The learned arbitrator shall ensure the compliance of Section 12 read with Fifth, Sixth and Seventh Schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

6.

The fee of the learned arbitrator shall be in accordance with the Schedule of fees prescribed under the Delhi High Court Arbitration Centre (Administrative Costs and Arbitrators' Fees) Rules. 7.

Copy of this order be sent to Delhi International Arbitration Centre (DIAC).

8.

Copy of this order be sent to the learned arbitrator. 9.

Copy of this order be given dasti to counsels for the parties under the signature of the Court Master.

J.R. MIDHA, J.

JANUARY 15, 2020 dk